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| Army Officials dismissed challenged | | HC directs fresh Summary Court Martial | | EARLY TIMES REPORT
Jammu, Feb-19 :- The High Court today ordered fresh summary court martial of an army official who was dismissed from service for unauthorized absence.
The petitioner Chuni Lal cop in EME of Indian Army challenged the dismissal on various grounds. Justice Hasnain Massodi after hearing the parties observed that the impugned order suffers from procedural irregularity in as much as the Commanding Officer EME before awarding the sentence on the basis of “plea of guilty” has not complied with Army Rules and is liable to be quashed. The petition is allowed and the order dated August 16, 2001 whereby the petitioner has been dismissed from service is set-aside. The respondents if so advised may convene summary court martial afresh and proceed in the matter in accordance with the provisions of the Army Act and Army Rules 1954, Court observed. JNF
JNF/FEBRUARY/19/2011/2
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